Employees of government transport undertaking opting for corporation service while retaining pensionary benefits are deemed corporation employees and governed by corporation rules for pay, allowances etc., not entitled to other government benefits like in-situ promotions.

JUDGMENT :

SANJAY DHAR, J.

1) The petitioners, through the medium of present petition, have challenged order bearing No.JKSRTC/EC- III/1436 dated 06.11.2012 issued by the J&K State Road Transport Corporation (for short “the Corporation”), whereby claim of the petitioners regarding extension of benefits available in terms of SRO 14 of 1996 and SRO 225 of 1997, has been rejected. The petitioners have further sought a direction upon the respondents to release the earned salary in their favour from March, 2002 and to extend the benefit of SRO 14 of 1996 and SRO 225 of 1997 in their favour.

2) It seems that the petitioners had filed a writ petition bearing SWP No.1453/2002 against the respondents seeking the same relief which has been sought in the present writ petition. The said writ petition was disposed of by this Court in terms of order dated 16.08.2011, whereby the respondents were directed to consider release of earned salary since March, 2002, in favour of the petitioners and also to consider the extension of all other benefits as are available to Government servants in accordance with rules. 3) Pursuant to the aforesaid direction of this Court, the matter was considered by the respondents and thereafter claim of the petitioners has been rejected in terms of the impugned order dated 06.11.2012 (supra). It is pertinent to mention here that in the impugned order, it has been mentioned that salary with other allowances as applicable to the Corporation employees stands released in favour of the petitioners since March, 2002, whereas in respect of extension of benefits under SRO 14 of 1996 and SRO 225 of 1997, it has been mentioned that the same cannot be extended to the petitioners because they are now employees of the respondent-Corporation and not of the Government.

4) The case set up by the petitioners is that they were the employees of the Government Transport Undertaking (hereinafter referred to as the GTU). The said entity was converted into State Road Transport Corporation, whereafter, in terms of order No.26-TR of 1979 dated 29.03.1979 and according to the petitioners, the employees were asked to exercise their option as to whether they want to continue in the government service or would prefer to work in the respondent-Corporation. It is case of the petitioners that they did not opt for permanent absorption in the respondent-Corporation and, as such, their service conditions are to be governed by the rules applicable to the government employees and, thus, on this basis, the benefits available under SRO 14 of 1996 and SRO 225 of 1997, which were applicable to the government employees, are applicable to the petitioners as well. To buttress this point, the petitioners have submitted that they are being paid pension like other government employees and, as such, they are entitled to all the benefits which are available to the government employees.

5) It has been contended that the employees of J&K Government have been given the benefit of SRO 14 of 1996, vide which J&K Civil Services (Higher Standard) Pay Scale Rules, 1996 (for short “the Rules of 1996”) have been promulgated and as per these Rules, non-gazetted employees are entitled to first in-situ promotion after completion of nine years. Similarly, as per SRO 225 of 1997, whereby amendment was made in the Rules of 1996, further benefit was accorded in favour of the employees after putting in 18 years of service. It has been contended that in the case of the petitioners, the benefit of the Rules of 1996 has not been extended in their favour even though they are entit